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BAR COUNCIL OF INDIA

RULES
(Under the Advocates Act, 1961)

Part V-A

Notified in the Gazette of India


vide Part - III, Section - 4, New Delhi
13th January, 2015

Approved and adopted by the Bar Council of India at


its meeting held on 29th & 30th November , 2014, vide
resolution No. 216/2014

(Rules under Section 49(1)(ag), 49(ah) and 49(i)


of the Advocates Act, 1961
TABLE OF CONTENTS

Chapter Title Page

Extracts of the minutes of the meeting of


general council of BCI held on
29th/30th November, 2014 1-6
Chapter I Preliminary 7-9
Chapter II Local Bar Associations 10
Chapter III 11-12
Chapter IV Applications/Orders/Objection Petition with
respect to grant/verification of Certificate and
Place of Practice 13-17
Chapter V Follow Up Action 18
Chapter VI Consequences of Order Under Rule 13 and
of failure to make applications 19-22
Chapter VII Updating of the record of practicing and
non-practicing and non-practicing advocates 23-24
Chapter VIII Appeal, Revision Etc. 25-26
Chapter IX Resumption of Practice 27-28
Chapter X Process Fee Fund 29
Chapter XI Miscellaneous 30-31
Form - A & F For Advocates and Advocate on Records
Application for issuance of Certificate of Practice 33-35
Form - “A” Column - II 36
Form - “A” Column - III 37
Form - “B” For Office Use Onle 38
Form - “C” Application for resumption of Certificate of
Practice 39-41
Form - “D” Identity Card 42
Form - “E” For Senior Advocates 43
Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 1

BAR COUNCIL OF INDIA

NOTIFICATION
New Delhi, the 12th January, 2015

EXTRACTS OF THE MINUTES OF THE MEETING


OF GENERAL COUNCIL OF BAR COUNCIL OF
INDIA HELD ON 29th/30th NOVEMBER, 2014

ITEM NO. 330/2014

The Council considered the Draft Rules with regard to verification of


Certificate and Place of Practice of Advocates and to repeal the Bar
Council of India Certificate of Practice and Renewal Rules, 2014 and
passed the following resolution :-

Resolution No. 216/2014

(e) The Council resolves to modify the Resolution No. 169 of


2014(Item No. 276/2014) dated 17th October, 2014. The Council further
resolves that Draft Rules with regard to Verification of Certificate
and Place of Practice submitted by the sub-Committee be and is
hereby approved. These new Rules shall be named as Bar Council of
India Certificate and place of Practice(Verification) Rules 2015
depending on the year of its publication in the Gazette of India) and
it shall come into force from the date of its publication in the Gazette
of India. The Council further resolves to repeal Bar Council of India
Certificate of Practice and Renewal Rules, 2014, accordingly the Bar
Council of India Certificate of Practice Renewal Rules, 2014 stand
repealed.

(f) Bar Council of India Certificate and Place of Practice


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(Verification) Rules have been framed in exercise of powers conferred but practically no state bar Council has observed this mandatory
on Bar Council of India by section 49(1)(ag), 49(ah) and 49(i) of the provision of the Act up till now.
Advocates Act, 1961 and in exercise of powers under Part-V Chapter Under these circumstances it appears that a definite trend is visible
1, Rule 1(1) & 2 and Rule 2 of Bar Council of India Rules, Chapter III that the control of Bar Associations and of other elected bodies under
sub Rule 3, 4 and Part-IX Rule 17,18(h), 20,22,24 of Bar Council of the Advocates Act is slipping out of the hands of the advocates who
India Rules. practice law. It is also being experienced that after certificate of
enrolment is issued to an advocate, practically no communicative and
****** continuing contact survives between him and the Council.
Under the existing state of affairs, All India Bar Examination
BAR COUNCIL OF INDIA CERTIFICATE AND introduced on the directions/observations of the Supreme Court of
PLACE OF PRACTICE (VERIFICATION) India to improve the standard of legal profession has also failed to
RULES, 2015 fully achieve its objective. Advocates enrolled with the State Bar
Councils obtain “Provisional Certificate of Practice” (valid for 2 years)
Statement of objects and reasons and thereafter most of them are practicing Law without caring to
appear for All India Bar Examination and to pass it.
The legal profession is an Honorable one and it has critical role to
play in protecting and promoting the Civil and Constitutional rights Various welfare schemes for advocates have been floated in India
of the people. An independent and fearless Bar is vital and crucial for both under State Legislations as well as under various welfare schemes
sustaining and promoting a true and healthy democracy. The Bar framed by different State Bar Councils and by Bar Council of India
which is subject to manipulation and influence from extraneous but benefits there-under are being enjoyed by those also who have
powers, howsoever mighty and esteemed they may be, cannot do left the profession.
justice either to the Legal Profession or to the Rule of Law. Bench and There is also an urgent need for laying down some conditions for
Bar are the two wheels of a chariot and one cannot function without practicing law in different Courts so as to give due weightage and
the other. Sadly, this profession has fallen under a cloud. credence to experience. Before an advocate could practice law in
In the Joint Meeting of the representatives of all State Bar Councils higher Courts, there is need that he is exposed to real court experience
and Bar Council of India, concerns were raised by all that trend of in lower Courts/trial Courts. This will help in integrating the whole
Advocates switching over to other professions/services/business judicial system from the perspective of the Bar.
without any information to the State Bar Council has reached alarming Therefore, in order to achieve better and effective administrative
proportions. This trend is endangering the legal profession as a whole. and disciplinary control of the local Bar Associations, State Bar
It has also made a dent in its sanctity and standards. Names of such Councils and the Bar Council of India over the advocates entered on
advocates continue to be included in the “Roll of advocates” being the Rolls of advocates being maintained by different State Bar Councils
maintained by the State Bar Councils, notwithstanding the fact that under section 22 of the Advocates Act and further in order to weed
they have left the legal profession or have since died. Though under out advocates who have left practice, the Bar Council of India, in the
section 19 of the Advocates Act, the State bar Councils are under legal exercise of powers conferred on it by section 49(1) (ag), 49 (ah) 49(i)
obligation to send a copy of the Roll of advocates prepared by it under of the Advocates Act, 1961 and by all other enabling and residuary
section 17 of the Act and subsequent alterations/additions thereto powers vested in it, had brought the rules titled “ Bar Council of India
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Certificate of Practice and Renewal Rules, 2014” for the purposes of Bar Associations, Pensions etc.) But due to objection, now the Council
carrying into effect the provisions and objectives of the Act:- has resolved to segregate this amount of Rs. 400/- for welfare-schemes
But in some of the places, the Advocates raised objection with from the process fee of verification. Now only Rs.100/- is to be charged
regard to the word Renewal, though in fact it is not the renewal of from the Advocates as Process fee and rest of Rs. 400/- would be
enrolment, rather it aimed at periodical verification of the details of optional not mandatory, depending upon the decision of concerned
an Advocate already enrolled with some State Bar Council. The aim State Bar Council and the concerned Advocate. Even from this process
was/is only to verify the place where the Advocate normally practices, fee of Rs. 100/-, besides the expenditure incurred for undertaking
the Bar Association of which he is a member (if any), the address/ the work of verification, the State Bar Council, Bar Associations and
email id, enrolment number/year, the Institutions from which the Bar Council of India are required to spend the rest of the amount for
Advocate has passed his Graduation and LL.B. The purpose is the the improvement of infrastructures of Associations only. State Bar
maintenance of record of all the Advocates of the country; two Councils shall be required to open and maintain a separate Bank
passport size photographs of Advocate was/is also required to be Account for this purpose which would be audited every year. The
furnished to the State Bar Council. The other object was/is also to report of Audit shall be sent to Bar Council of India and the Bar
introduce certain electoral reforms in the Bar Council/Bar Association Association soon after the submission of report.
elections, because in recent past, the Bar Council of India and the The Bar Council of India has also come to know that a number of
State Bar Councils have come across the cases of rigging in the polls fake (farzi) persons (without any Law Degree or enrolment certificate)
and the allegations of bogus voting has now become frequent, since are indulged in Legal practice and are cheating the Litigants, courts
the State Bar Councils and/or majority of Bar Associations of the and other stake-holders; and neither the Bar Associations nor the
country have no record of the Advocates who died after enrolment concerned State Bar Councils have any control over such fake persons.
or who joined other jobs, business or professions; the Bar Council of Shockingly, it has come to the notice of the Council that at some places,
India being the regular of Legal profession and Legal education of the office-bearers of Bar Associations or some vote-seekers knowingly
the country has, therefore, decided to undertake the detailed make such people members and voters of their Associations with a
verification and then to prepare a Voters’ List alongwith recent motive to get their votes in the elections of Bar Associations or Bar
photographs of the Advocate (Voter). The Council has framed these Councils. Similarly, many persons, after getting enrolled as Advocates
Rules in the light of the verdict of Hon’ble apex Court in the case of in any State Bar Council, get involve in Property-Dealings, contract
Supreme Court Bar Association. The Bar Council of India has already or switch over to some other business, profession or job and have no
decided to develop the web-portal for this purpose to have full details more concern with the Legal profession. Such “non-practicing
of all the Advocates of the country, all the Institutions imparting Legal Advocates” are sometimes being used by some of the office-bearers/
Education, details of Law students, the Law Teachers and details of candidates for elections of Bar Associations or Bar Councils (only for
all the Bar Associations. The detailed information and photograph is their votes). But in fact, the Council has realized that such practice is
necessary for that purpose also. Furthermore, since some of the Bar degrading the standard of Legal profession, and this mal-practice has
Associations have raised baseless objection with regard to the sum of to be stopped.
Rs. 500/- as Practice Fee (as per them it is a heavy amount); the major Few of the office-bearers/representatives of some of the Bar
portion (about Rs.400/-) of this Rs. 400/- was aimed (in 2014 Rules) Associations had raised unnecessary objections and protests to these
for providing welfare schemes (like Insurance for Advocates and their reformative steps. Such protests were/are only to serve their vested
family members and improvement of infrastructure and Library of interests. Bar Council of India has to maintain the dignity and
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standard of Legal profession, we shall have to oust fake people from


the court-campus and we shall have to identify the “non-practicing
Advocates”, (who are involved in other job, business or profession).
We are to ensure that such Advocates do not involve in deciding the CHAPTER I
fate of our Associations and the Bar Councils; And such Advocates PRELIMINARY
are not allowed to get any benefit of welfare schemes or to practice
Legal profession so long they are in any other business, job or
profession.
It is due to these reasons, the Council has decided to make 1. Short Title
provisions for identification of such fake persons and non-practicing These Rules shall be called as the “Certificate and place of Practice
Advocates. And the Council has also felt it necessary to discourage (Verification) Rules, 2015”.
those Advocates who raise unnecessary protests with an intent to
keep and protect the fake and/or non-Practicing Advocates with an 2. Extent
object to get their votes. Therefore, the Council has resolved to make These rules will be applicable to all the advocates whose names
suitable provisions in these Rules so that if any Advocate is found to appear on the State Rolls being maintained by the State Bar Councils
be indulged in making deliberate effort to - under section 17 of the Advocates Act, 1961.
(i) Protect fake people practicing legal profession illegally 3. Date of commencement
(ii) to create any hurdle in identification of “non-Practicing These rules, except Rule 7 of Chapter III, shall come into force at
Advocates” and once from the date of publication of these Rules in the Gazette of
(iii) create any objection in verification of the certificate of practice, India. Rule 7 of Chapter III shall come into force on such date as the
credentials, place of Practice and details of Advocates, such Bar Council of India may, by notification in the Gazette of India,
Advocates would be debarred from contesting any election appoint in this behalf.
of Bar Association or Bar Council for a period of three years 4. Definitions
from the date of order to this effect.
(a) Act means the Advocates Act, 1961.
Under the circumstances and for the abovementioned reasons, the (b) Advocate means an advocate whose name is entered in the
Council has resolved to repeal the “Bar Council of India Certificate of Roll of advocates being maintained by the State Bar Councils
Practice and Renewal Rules 2014” and has made and passed the new under section 17 of the Advocates Act, 1961.
“ Bar Council of India Certificate and place of Practice (Verification) (c) Certificate of Enrolment means the certificate of enrollment
Rules 2015”, and has decided to implement it. held by an advocate issued under section 22 of the Advocates
Act, 1961.
(d) Certificate of Practice in relation to an advocate having
obtained graduate degree in law before the academic year 2010
enrolled on the roll of Advocates shall mean Certificate of
Practice issued under Rule 13 and in relation to an advocate
graduating in law in academic year 2009-2010 (1st July, 2009 to
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30th June, 2010) and thereafter, enrolled on or after 12th Day of (k) Fake Person is a person who is involved in practicing in Courts
June, 2010, Certificate of Practice means the “Certificate of of Law/Tribunals or other Legal forums without having a
Practice” issued under All India Bar Examination Rules or valid Degree in Law (without any enrolment in any State Bar
under Rule 13 of these Rules or the enrolment certificate issued Council) and use to appear in such Courts, Tribunals or
by the State Bar Council. Forums illegally posing him as an Advocate.
(e) State Bar Council means the State Bar Councils as defined (l) All terms and phrases used in these rules shall have the same
under section 3 (1) (a) of the Advocates Act, 1961. meaning as they have under the Advocates Act, 1961, unless
the context in which such words and phrases are used,
(f) Verification/process fee means the amount/s payable under expressly suggest to the contrary.
these rules as fee and amount for processing of Application
and its verification. This amount may be varied by the Bar 5. Necessity of “Certificate of Practice”
Council of India from time to time and on such variation, the
An advocate shall not be entitled to practice law unless he holds a
varied amount shall mean the fee.
valid and verified certificate of practice issued either under All India
(g) Bar Association of a given area/town/city means an area/ Bar Examination Rules or under these Rules.
territory and court work based association of advocates, This disability to practice law would come into force only when
weather registered under the Societies Registration Act (Act the name/names of such advocate/s is/are published under Rule
No. XXI of 1860) or not having its area/territory defined in 20.4.
terms of the whole or part of the territorial jurisdiction of
Courts/Tribunals/Persons or any other Authorities legally 1
5(a) Exemption of certain categories of Advocates
competent to take evidence before which its members However, the senior Advocates designated under Section 16 of the
ordinarily practice law and it includes Bar Association Advocates Act and Advocates on Record of Supreme Court of India
exclusively dealing in specific fields of law viz. Income Tax, are requested to fill Form E for Senior Advocates and Form F(new)
Corporate law, Central/State Excise Law etc. in relation to for Advocates on Records. They shall also be required to send two
the authorities/tribunals/boards etc. there-under. passport size photographs alongwith duly filled up forms of their
(h) “Roll of advocates” means “roll” as defined in the Advocates respective Bar Associations or the concerned State Bar Council, so
Act. that their names could be included in electoral roll of State Bar Council.
The senior Advocates shall be required to deposit a sum of Rs. 500/-
(i) “Administrative Committee” shall mean a committee and the AORs shall deposit the fee to be decided by their respective
comprising of three members of the State Council, constituted Sate Bar Councils. All the State Bar Councils shall be required to inform
by the State Bar Council by way of election, for discharging the Supreme Court Bar Association and the AOR Association of
such functions and duties as are entrusted to it under these Supreme Court about the fee for verification of Certificate of Practice
Rules. There may be more than one such Committee fixed by them forthwith.
depending upon the work load of a particular State Bar
Council.
(j) An non-practicing advocate means an Advocate enrolled with
any State Bar Council, but is not in actual practice of Law and
is engaged in some other public or private job, business,
contract etc. not related to Legal profession: and who has been
so declared under Rule 13 and Rule 20.2 of these Rules and
1. Substituted vide Resolution No. 119/2015 dated 6/6/2015.
whose name stands published under Rule 20.4.
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CHAPTER II CHAPTER III


LOCAL BAR ASSOCIATIONS MINIMUM EXPERIENCE REQUIRED TO
PRACTICE BEFORE HIGHER COURTS OF LAW

6. Advocate to be a member of the Bar Association where he/she


normally practices law 7.1 If it comes to the notice of the Council through any source
6.1 An advocate, after having obtained a Certificate of Enrollment that any office-bearer of any Bar Association or any Advocate is
under section 22 of the Advocates Act, 1961, is required to get himself involved in making unnecessary, baseless and deliberate protests/
registered as a member of the Bar Association where he ordinarily objections in the process of identification of fake persons (involved
practices law or intends to practice law. And if any Advocate does in Legal profession) or in the identification of non-practicing
not intend to be a member of any Bar Association duly recognized by Advocates (who are doing some other job, business etc.) and/or
concerned State Bar Council, then he shall be required to intimate the making any attempt to mislead the Advocates of his Association or
same to the State Bar Council and he shall have to explain as to how State by making irresponsible statements with ill motive to create
shall he be getting the benefits of any welfare scheme floated by the hurdle in implementation of these reformative Rules, a Tribunal
State Bar Council or the Local Bar Association. The decision of State
constituted by the Bar Council of India and the State Bar Council may
Bar Council shall be final in this regard.
pass an order debarring such Advocate or office-bearer from
6.2 In case an advocate leaves one Bar Association and joins contesting the elections of Bar Association/State Bar Council for a
another by reason of change of place of practice or by reason of change period of three years from the date of passing of such order.
of field of law, he/she shall intimate such change with all the relevant
particulars to the State Bar Council, of which he is a member. 7.2 Any such order be passed only by a Tribunal consisting of
one former Judge of any High Court (nominated by Bar Council of
Such fact of leaving as well as of joining shall be independently
India) one senior Advocate and one Senior Member of State Bar
intimated to the aforesaid said Bar Council within a period of one
month. Council (nominated by the Chairman and the Vice-Chairman of that
Bar Council.) Hon’ble Former Judge of High Court shall be the
6.3 Bar Associations to apply to the respective Bar Council within Presiding Officer of the Tribunal and no adverse order can be passed
whose jurisdiction they are located, for being recognized under these
by such Tribunal unless the concerned office-bearer/Advocate is
rules. Recognition shall be accorded to such a Bar Association only
which falls within the definition of Bar Association as defined in these given an opportunity of hearing. The decision of majority will prevail
rules. in such decision. The Tribunal shall have power to pass interim orders
also.
The State Bar Council or Bar Council of India may refer the matters
to such Tribunals and the Tribunal shall dispose of the matters
expeditiously. There shall be a separate Tribunal for each State Bar
Council.
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7.3 An Appeal/Revision shall lie before the Bar Council of India


against any order passed by the said Tribunal, if preferred within a
period of 60 days from the date of order: However, the Council shall
have the power to condone the delay in filing such Appeal/Revision CHAPTER IV
beyond 60 days, if sufficient cause is shown by the appellant/
petitioner. APPLICATIONS/ORDERS/OBJECTION PETITION
WITH RESPECT TO GRANT/VEFIFICATION OF
CERTIFICATE AND PLACE OF PRACTICE

8. Application for verification of “Certificate to practice and


place of Practice” by advocates enrolled on or before June 12,
2010:
8.1 An advocate graduating in law in academic year 2009-2010(1st
July, 2009 to 30th June, 2010) and thereafter, enrolled on the “Roll of
Advocates” on or after June 12, 2010, is required to apply for issuance
of “Certificate of Practice” under All India Bar Examination Rules,
2010 and for verification of such “Certificate of Practice” from the
State Bar Council in which he/she is enrolled as an advocate under
Rule 9.
8.2 An advocate having obtained graduate degree in law before
the academic year 2010 enrolled on the “Roll of Advocates”, is required
to apply for verification of “Certificate of Practice and place of practice”
from the State Bar Council in which he/she is enrolled as an advocate
under this rule within a period of 6 months of the enforcement of
these Rules/date of enrolment.
8.3 Every application for issuance of verified Certificate of Practice
shall be submitted in the prescribed format as given in Form A Column
I and Column II annexed with these Rules disclosing all the necessary
informations as required there under to the State Bar Council, with
which he/she is enrolled.
8.4 Every such application shall be accompanied by the following
documents, certificates, declaration, fee etc: -
i. Verification fee/process fee in the sum of Rs.100/- (rupees
one hundred only) by way of Bank Drafts/Account payee bank
cheque or cash in the name of :-
a. Secretary State Bar Council, with which the applicant is
enrolled (or it may be paid in cash also);
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Out of this Rs. 100/-, the Secretary, State Bar Council shall 8.5 That the aforesaid application may be filed by the applicant
send a sum of Rs. 20/- to the concerned Bar Association along with all the aforesaid documents either by hand in the Office of
and Rs. 30/- to Bar Council of India, rest Rs. 50/- is to be the State Bar Council against proper receipt or send to the Secretary
kept in the Account of State Bar Council. under registered post or through the Bar Association, of which he/
ii. A declaration in the prescribed format as given in Column II she is a member.
of Form ‘A’ annexed with these Rules;
9. Application for Verification of Certificate of Practice issued by
iii. Two passport size photographs duty attested by the President/ State Bar Council
Secretary of the Bar Association or by any other office bearer
of the Association who is duly authorized for this purpose by 9.1 The Certificate of Practice issued to an advocate under Rule
the Bar Association, of which the applicant is a member, or by 13 of these Rules or under All India Bar Examination Rules and
a member of the State Bar Council duly authorized by the State Verification thereof, shall be valid for a period of five years (5) years
Bar Council or Bar Council of India ; only and is liable to be verified every five (5) years by filing an
iv. Certificate in Form A Column III issued by the President/ application for verification in advance within a period of six (6)
Secretary or by any other office bearer of the Association, who months, before the validity period of “Certificate of Practice” or of its
is duly authorized for this purpose by the Bar Association/ to verification, expires.
the effect that the applicant advocate is a bona fide member of 9.2. All such applications for verification shall be filed in the format
the concerned Bar Association and that he has not left law as given in Form A annexed with these Rules and it shall be
practice OR By any member of State Bar Council duly accompanied by such documents, certificates, declaration, fee etc as
authorized by State Bar Council or by the Bar Council of India. are mentioned in clauses (i), (ii) and (iv) of Rule 8.4 and the same may
In case, the applicant has been a member of different Bar be submitted as per Rule 8.5.
Associations at different times since the issuance of certificate
of enrolment under section 22 of the Advocates Act, 1961, such 10. Delayed application with late fee
certificates may be obtained from the Presidents/Secretaries That all the applications for verification of “Certificate of Practice”
of the different Bar Associations, of which the applicant filed after the time fixed by rule 8/rule 9.1 of these Rules shall not be
remained a member, at different times. received by the Office/Secretary unless it is accompanied by late fee
In case, the certificate of enrolment under section 22 of the in the sum of Rs.100/- (one hundred only) and such late applications
Advocates Act, 1961 was granted more than five (5) years prior would be entertained only for a period of six (6) months.
to the date of application, such certificate/certificates needs
to be confined only to a period of five (5) years. 11. Delayed application for verification with penalty clause
Provided that in case it is established at any stage that any That all applications for verification of certificate of practice filed
such Authority has deliberately issued a certificate in Column after the period fixed under rule 10 shall not be received and processed
III of FORM ‘A’ even after knowing that the Advocate is not by the Office/Secretary unless it is accompanied by a penalty fee of
in practice, the State Bar Council will be at Liberty to take Rs. 50/- (rupees fifty only) per month reckoned from the last
appropriate action against such Authority issuing such date on which such an application ought to have been made under
certificate. Rule 10 of these Rules but such late application with penalty clause
2
v. However, the State Bar Councils would be at liberty to make attached thereto would be entertained only for a period of six (6)
any change in the Verification/process fee as per their own months.
requirements and necessities. But any such change shall be
12. Incomplete and faulty applications
required to be approved by the Bar Council of India.
That in case, the applications so received, are found to be
2. Inserted vide Resolution No. 119/2015 dated 6/6/2015. incomplete/faulty, the Office of State Bar Council shall intimate the
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concerned advocate of such shortcomings/defects by issuing letter facie case in favor of the applicant; it shall refer it for decision to its
under registered Post and such applications shall be processed further Administrative Committee.
by the Office on removal of such shortcomings/defects.
14.4 That the “Administrative Committee” of the State Bar Council
The time taken to remove such shortcomings/defects by the shall decide and dispose of such an objection petition along with
concerned applicant may be counted towards late fee payable by the application for issuance/verification of Certificate of Practice of the
concerned advocate at the rate of Rs.1, 00/- per month unless it is concerned advocate, if any. But if no such proceedings are pending,
waived by the Chairman/Vice-Chairman of the State Bar Council in such objection petition shall be decided independently.
case sufficient cause is shown for such delay.
Such procedure as is applicable to complaints under section 35 of
13. Order on the application for verification of Certificate of the Advocates Act shall apply, mutatis mutandis, to proceedings
Practice under this rule.
That every application for verification of certificate of practice and 14.5 That in case the complaint is found to be vexatious, frivolous
place of practice received shall be scrutinized by the Office within a and mala fide, the security amount deposited with the objection
period of one month from the date of its receipt and if found in order, petition shall be forfeited to the State Bar Council.
it shall be placed along with the personal file of the applicant before 14.6 The “Administrative Committee” shall be required to decide
the Administrative Committee, for passing the requisite order the objection petitions within a period of 15 days from the date of
allowing or dismissing the application. objection.
Such application is liable to be dismissed only in case it is found Explanation: An Advocate shall be deemed to be in practice, if he is
that the advocate has left law practice and that he/she has no bona able to establish that he has appeared in any Court of law or has filed
fide intent and interest in continuing it in future also and such an Vakalatnama even in one case before any Court of Law/other forum
advocate shall be treated as a non-practicing advocate under these in a year before these Rules came into force.
Rules. 3
Explanation: However, the Advocates doing chamber practices, or
No adverse order can be passed under this rule unless a reasonable engaged with some Law Firms who are unable to file Vakalatnamas
opportunity of being heard is afforded to the applicant. in any court or forum shall also be entitled to apply for verification of
their certificates and place of practice. They shall be required to file
14. Objection Petition
an affidavit stating that they are doing Legal practice and shall have
14.1 An advocate or any person may file an objection petition before to furnish at least proof of this effect. Those who are engaged in any
the State Bar Council seeking to add the name/names of an advocate/ registered law firm shall be required to obtain a certificate from the
advocates in the List of Non-Practicing Advocates on the ground that Law Firm and submit it alongwith their application form.
such an advocate has left law practice and that he/she has no bona
fide intent and interest in continuing it in future also.
14.2 Rule A. I (1) and rule A. I (2) of Chapter I of Part VII of the Bar
Council of India Rules relating to complaints under section 35 of the
Advocates Act shall, mutatis mutandis, apply to these objection
petitions except that such objection petition shall be accompanied by
a security amount of Rs.1, 000/- and not such fee as is prescribed in
the aforesaid Rules relating to complaints under section 35 of the
Advocate Act.
14.3 That in case the State Bar Council finds that there is a prima 3. Inserted by Resolution No. 119/2015 dated 6/6/2015.
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CHAPTER V CHAPTER VI
FOLLOW UP ACTION CONSEQUENCES OF ORDER U/R 13 AND OF
FAILURE TO MAKE APPLICATIONS

15. Follow up action of order passed under rule 13


15.1 That immediately after the application for verification of 16. Consequence of dismissal of application under Rule 13
Certificate of Practice is allowed under Rule 13 of these Rules; the In the event of dismissal of application under Rule 13, such
Office of the State Bar Council shall prepare the verified Certificate consequences as are laid down by Rule 20.4 would follow.
in FORM ‘B’ in duplicate duly signed by the Chairman of the State
Bar Council and in his absence by the Vice chairman of the State Bar 17. Consequences of failure to make application as stipulated by
Council or by such other member of the State Bar Council who is Rule 7 to 11
specifically authorized for the said purpose by the State Bar Council.
That in case an advocate fails to make an application for verification
15.2 That one copy of such verified Certificate of Practice shall be of Certificate of Practice within such period/extended periods as
dispatched to the advocate concerned under registered Post AD provided for under Rules 8 to 11 and in case he fails to remove the
without any delay and the other copy shall be kept in the personal shortcomings/defects in his application despite intimation under Rule
file of the advocate. The State Bar Council shall also make rules and 12 for a period of 6 months, it shall, prima facie, be presumed that the
issue an Identity card of such Advocates containing their photographs, such an advocate has left law practice and that he/she has no bona
which I-card shall be valid for a period of 5 years from the date of fide intent and interest in continuing it in future also.
issuance and it shall be required to be produced at the time of voting
election of State Bar Council or Bar Association. 18. Follow up action against advocates who fail to respond and
15.3 That the State Bar Council shall maintain a separate Dispatch fall within the ambit of Rule 17 and publication of “list of
Register containing all the details as to the particulars of issuance/ defaulting advocates”)
verification of the certificate of practice, original certificate of 18.1 That the Office of the State Bar Council shall prepare a list of
enrolment and full particulars of the advocate as to age, date of birth, such defaulting advocate/advocates who has/have failed to apply
address, email id etc.. for issuance/verification of Certificate of Practice within such period/
This Register shall be maintained year wise in such manner as extended period as provided for by these Rules or have failed to
may be prescribed by the State Council. remove shortcomings/defects in their applications despite intimation
within the stipulated period of 6 months.
15.4 Every State Bar Council shall send to the Bar Council of India
an authenticated soft copy of the record maintained by it under Rule This list may be titled as the “List of the Defaulting Advocates”.
15.3 every year.
18.2 All such advocates whose name/names have been included
in the list of “defaulting advocates” shall be given due notice of the
fact that their name/names stood included in the above list and further
notice of this list shall also be given in the following manner:
20 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 21

i. One copy of such List shall be displayed outside the Office of be given to the followings:-
the Bar Council;
i. One copy of such List shall be sent to the Bar Council of India
ii. Copies of such list shall also be sent to such District/Tauka and to all other State Bar Councils.
Bar Association/s to which such advocate/advocates belong
ii. One copy of this list shall be sent to all the Courts situated
as per the address last disclosed by him/her and also to the
within the territorial limits of the State Bar Council and also
concerned High Court/Supreme Court Bar Association;
to the concerned High Court. Once copy shall be sent to
iii. A letter of intimation that his/her name stands included in Supreme Court of India also.
such list shall also be sent to the defaulting advocate at the
iii. Copies of such list shall also be sent to such District Bar
address last disclosed by him/her under registered Post.
Association/s to which such advocate/advocates belong as
iv. This List shall also be published by the State Bar Council as per the address lat disclosed by him/her and also to the
per law. concerned High Court/Supreme Court Bar Association;

19. Late Applications after publication under Rule 18 20.4 The List of Non-Practicing advocates and name/names of
advocates whose application for issuance/verification of certificate
If an application for issuance/verification of Certificate of Practice of practice stands dismissed under Rule 13 shall also be published
is received by the State Bar Council within a period of 6 months of by the State Bar Council as per law after such list/name/names is/
the publication of the aforesaid list of defaulting advocates under are approved by the Bar Council of India.
Clause (iv) of Rule 18, it shall be accompanied by such late fee and
penalties as are specified by rules 10 to 12 of these Rules. List of such non-practicing Advocates is to be furnished by the
concerned State Bar Council to Registrar of Supreme Court of India,
All such applications shall be processed by the Office as per the Registrar of all the High Courts, Subordinate courts of the States, Bar
procedure laid down by rule 10 to 12 and thereafter order on such Association of Supreme Court of India and Bar Associations of all
applications shall be obtained under rule 13 and such order shall be the High Courts and Subordinate Courts.
given effect to as per these rules.
21. Non-practicing advocates as included in the list of “non-
20. Consequences of failure to respond and publication of “list of practicing advocates” not entitled to practice law and to other
non-practicing advocates privileges and rights
20.1 That if no application for issuance/verification of Certificate 21.1 From the date of publication of the aforesaid list of non-
of Practice is made under these rules or if an application is filed but practicing advocates, all such advocate/s whose name/names has/
defects are not removed as per Rule 17, it shall be presumed for the have been included in the aforesaid list, shall not be entitled to appear
purposes of these rules that such an advocate has left law practice in any Court of Law, before any Tribunal or person legally authorized
and that he/she has no bona fide intent and interest in continuing it to take evidence and before any other authority or person before
in future also. whom such advocate is by or under any law for the time being in
20.2 That on the expiry of a period of 6 months of the publication force entitled to practice, notwithstanding the fact that name/names
of such “List of Defaulting Advocates”, the State Bar Council shall of such advocates is/are entered in the State Roll and that he is holding
pass an order directing that the name/names of such advocate/ certificate of enrolment under section 22 of the Advocates Act.
advocates appearing “List of the Defaulting Advocates” be put in the Further, name/s of such advocate/s shall not be included in the
list of “Non-Practicing Advocates”. electoral roll for the purposes of elections to the State Bar Councils.
20.3 That due notice of the list of “Non-Practicing Advocates” shall Such an advocate/s shall cease to be a member of any Bar Association
22 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 23

and further he/she shall not be entitled to cast vote/s in any elections
of the Bar Associations.
The status and rights of such advocate/s “as advocate/s entitled
to participate and receive benefits” under Welfare Schemes of Bar CHAPTER VII
Council of India created under Rules 40 to 44 B of Section IV-A of UPDATING OF THE RECORD OF PRACTICING
Chapter II contained in Part VI of the Bar Council of India Rules and
AND NON-PRACTISING ADVOCATES
other schemes floated by the State Bar Council shall come to an end
w. e. f. the date of publication of the List/name/names of Non-
Practicing Advocates under Rule 20.4 with the exception that such an
advocate would be entitled to receive such benefits under the relevant
scheme/s, if any, which have already accrued in his/her favor. 22. Record with respect to practicing and non-practicing
Advocates
22.1 That on culmination of the initial process of identification of
Non-practicing Advocates in the aforesaid manner in the publication
of the List of such advocates under Rule 20.4, the State Bar Council
shall create and maintain a separate record of such Advocates with
all particulars as to name, address, date of birth, date of enrolment,
enrolment number, particulars of application for issuance/verification
of Certificate of Practice, if any, and of its dismissal. This record shall
be updated regularly.
22.2 Every State Bar Council shall send to the Bar Council of India
an authenticated soft copy of the record as maintained under Rule
22.1 every year.
22.3 All the Advocates whose certificate of Practice are duly verified
shall be issued a certificate of Practice affixing his photograph and
mentioning the period of its validity FORM ‘B’ ; And the State Bar
Council shall also issue an Identity card to such Advocates containing
a Xerox copy of his photograph and the period of its validity FORM
‘D’. The Advocates would be supposed to carry it while practicing in
Courts/ Tribunals or other Forums, so that in case of demand by any
Law Court/Authority or any Advocate or any Litigant or citizen one
can easily establish that he is an Advocate.
22.4 An Advocate after getting the verified Certificate of Practice
under these Rules can appear before any Court of Law/Tribunal or
other forum in India as per Section 30 of the Advocates Act subject to
fulfillment of any condition imposed by any competent or Court of
Law.
24 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 25

23. Updating of the electoral rolls of the State Bar Council for the
purposes of elections
On the publication of list of non-practicing Advocates under rule
20.4 and after sending copy of such record to the Bar Council of India CHAPTER VIII
under Rule 22.2, the State Bar Councils shall start the process of APPEAL, REVISION ETC.
preparation of electoral roll for elections to the State Bar Councils as
per Chapter I, Part-III of the Bar Council of India Rules. No State Bar
Council shall undertake to prepare electoral roll or to conduct elections
to the State Bar Councils unless the process of verification of Certificate
of Practice and of identification of non-practicing advocates is 24. Appellate Tribunal
completed under these Rules by publication of their names under 24.1 There shall be an Appellate Tribunal for disposal of appeals
Rule 20.4. under these rules with respect to each State Bar Council and such
Provided that the election/s of the State Bar Council/s where a Tribunal shall comprise of the following members:-
special committee/committees under section 8A of the Act is/are i. Two Members of the State Bar Council elected by the State
already functioning on the date of commencement of these rules, shall Bar Council under Rule 44 A(2)(i) of Bar Council of India Rules
continue under the existing rules as if these rules have not been under Part VI, Chapter II , Section-(IV A).
enforced. In such State Bar Councils, these Rules shall come into force
only after the new State Bar Council is constituted on the declaration/ ii. One member of the State Bar Council from amongst the
publication of the results of the elections. members of the Executive Committee to be nominated by the
Chairman of the State Bar Council and another member
The State Bar Councils are required to constitute various nominated by the Member, Bar Council of India from the
Committees for implementation of these Rules. If any State Bar concerned State Bar Council.
Council is proved to be deliberately slack unnecessarily in verification
of Certificate of Practice and identification of non-Practicing III. Member of the Bar Council of India from the concerned State
Advocates, then in that case Bar Council of India would be at Liberty Bar Council who shall be its Chairman;
to take appropriate action under the provisions of Advocates Act, 24.2 That the quorum of the Appellate Tribunal shall be three
1961. members but no final order shall be passed unless the Chairman of
the Appellate Tribunal is party thereto.

25. Appeal against order passed under Rule 13/Rule 20.2


That in case the application of an Advocate for verification of
Certificate of Practice is dismissed under Rule 13 of these Rules/in
case the name of an Advocate is ordered to be included in the list of
“non-practicing Advocates” by the State Bar Council under Rule 20.2,
the aggrieved party may, within a period of 60 days of the date of
passing of the order or publication of the list of non-practicing
advocates under Rule 20.4, prefer an appeal against such order to the
Appellate Tribunal but delay in filing the appeal can be condoned, if
sufficient cause is shown for such delay.
Every such appeal shall be accompanied by an attested copy of
26 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 27

the impugned Order. The appeal shall not be received and entertained
unless it is accompanied by a fee of Rs. 200/- in the form of a Bank
draft/Account Payee Bank Cheque favoring Secretary, State Bar
Council of the concerned State Bar Council. CHAPTER IX
Out of this amount of Rs. 200/-, the Secretary, State Bar Council RESUMPTION OF PRACTICE
shall send/ deposit remit a sum of Rs. 50/- to the Account of the Bar
Council of India and a sum of Rs. 50/- shall be transferred to the fund
known as “ Fund for Promotion Bar Associations” under these rules.
Every such appeal shall be heard by the Appellate Tribunal, which
may pass such order there on as it deems fit. Appeal is to be decided 28. Resumption of Practice
expeditiously preferably within 90 days of its filing. 28.1 If an advocate whose name has been included in the “list of
non-practicing advocates” published under Rule 20.4, intends to
26. Stay of operation of order passed under rule 13 and rule 19.2
resume law practice in the changed circumstances, he may apply to
Mere filing of an appeal against order passed under rules 13 and the State Bar Council that his/her name may be taken out of such list.
20.2 shall not operate to stay the operation of order appealed against
unless its operation is stayed by the Appellate Tribunal on such 28.2 Application for resumption shall be made in Form C along
conditions as it may deem fit. with resumption fee of Rs.2, 000/- and declaration.
Such an application shall be supported by a certificate in Column
27. Power of Revision
III of Form A issued by the President/Secretary of the Bar Association,
27.1 The Bar Council of India may, at any time, call for the record of which the applicant intends to become member for doing practice
of any proceeding under these Rules which has been disposed of by in law.
the State Bar Council or by the Appellate Tribunal, and from which
no appeal lies, for the purpose of satisfying itself as to the legality 28.3 The State Bar Council shall refer such an application for
and propriety of such order or disposal and may pass such orders in resumption to the Administrative Committee which may pass an
relation thereto as it may deem fit. appropriate order allowing or dismissing such application provided
that such an application shall be allowed only if the Administrative
This revision shall be under Part-II, Chapter IX of BCI Rules viz.
Committee is satisfied that the intent of the applicant to resume law
Section 48A of the Advocates Act, 1961.
practice is bona fide.
27.2 No order which prejudicially affects any Advocate shall be
28.4 In case application for resumption is allowed, the name of the
passed under this Rule unless an opportunity of being heard has been
applicant shall be taken out of the list of the “non-practicing
afforded to him.
advocates” and such exclusion shall be duly notified and published
as provided by rule 20.3 qua “list of non-practicing advocates”.
28.5 That from the date of publication under Rule 28.4, all
disabilities suffered by the applicant under rule 21, shall not survive
but he/she shall not be entitled for any benefits/privileges that were
denied to him under Rule 21 for the period his/her name remained
in the “list of non-practicing advocates”.
28.6 Out of Rs. 2000/-, a sum of Rs. 1000/- shall be utilized by
28 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 29

State Bar Council for the purpose of welfare of Advocates and Rs.500/
- shall be transferred to the concerned Bar Association and Rs. 500/-
shall be utilized by Bar Council of India for the welfare of Advocates.
CHAPTER X
PROCESS FEE FUND

29. The Verification/Process Fee Fund


The State Bar Council shall open a separate account for this purpose
to be operated jointly by the Chairman and Secretary of the State Bar
Council.
29.1 That all the payments towards application verification fee, late
fee and penalties payable under these rules shall be paid by way of
bank drafts/account payee bank cheques only in the name of Secretary
State Bar Council or it may also be deposited in cash to the Secretary,
State Bar Council or it may also be deposited in cash to the Secretary,
State Bar Council.
29.2 That the all the amount collected under these rules shall be
utilized for the following purposes only:-
(a) To meet the administrative and other expenses arising in
connection with these Rules; The rest of amount shall be spent.
(b) To make contributions to different Bar Associations for the
following purposes only:-
i. Establishing and improving Law libraries.
ii. Improvement of infrastructure in the premises of the Bar
Associations which is reserved for the common use of the
advocates and to make such other contributions for
promoting and strengthening the Bar Associations at the
Taluka, District, High Court and Supreme Court levels as
it may deem fit.
iii. To promote welfare schemes for advocates. Such welfare
schemes may include insurance of all kinds with respect
to the advocates and their dependent members of the
family; pension schemes, stipends for junior and disabled
advocates, continued legal education/training of
advocates.
30 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 31

Certificate of Practice as defined in those Rules and verification/


renewal thereof (by whatever name/manner or form they may have
been issued/granted by the State Bar Councils) or under Bar Council
CHAPTER XI of India Certificate of Practice Renewal Rules 2014 and any other action
taken/order passed by the State Bar Council in connection with any
MISCELLENOUS such Rule, before the enforcement of these Rules, shall continue to be
valid for a period of five years from the date of its issuance/renewal,
but on the expiry of period of five years, such certificate issued by the
State Bar Council is required to be verified under these Rules.
30. Removal of difficulties: 34. Repeal of all Resolutions/Rules passed/framed either by any
In case of any doubt or dispute as to the meaning, interpretation, State Bar Council or by Bar Council of India
execution of these Rules arises, the Appellate Tribunal shall be the Any Resolutions/Rules passed/framed by any State Bar Council
final authority to settle all such issues and its decision thereon shall or by Bar Council of India, which are inconsistent with these Rules,
be final. shall stand repealed from the date on which these Rules come into
force.
31. Regulatory Powers:
35. The decision with regard to Rs.500/- or Rs.200/- (as the case
The Bar Council of India shall have the right of issuing such
may be) as paid by any Advocate as Practice fee as provided under
regulations to the State Bar Council from time to time, as are necessary
Bar Council of India Certificate of Practice and Renewal Rules. 2014,
for the proper implementation and execution of these Rules and such
prior to the date of commencement of these Rules of 2015, shall be
regulations shall be complied with by the State Bar Council in letter
taken by the concerned State Bar Council. Either after deducting
and spirit so that uniformity is maintained in the application of these
Rs.100/- as Process/Verification fee the rest of Rs. 400/- or Rs.100/-
Rules throughout the Country.
(as the case may be) is to be refunded to the Advocate or it may be
32. Power of Bar Council of India to form Ad-hoc Committees utilized for the insurance of the Advocate and his family or for the
benefit and welfare of concerned Advocate. This decision is to be
In case the term of elected members of any State Bar Council is taken by the concerned State Bar Council only after obtaining option
likely to expire/expires due to delay in the process of identification of concerned Advocate.
of non-practicing advocates under these rules or in case of delay in
the preparation of the electoral roll for the elections to the State Bar
Councils, the Bar Council of India shall constitute an ad-hoc ***************************
Committee consisting of required number of elected members of the
State Bar Council for smooth running of the State Bar Council and for
expeditious execution of the aforesaid process. This ad-hoc Committee
of State Bar council shall function under the Special Committee
constituted under Section 8A of the Act till the process of preparation
of electoral roll as per Chapter I, Part-III of the Bar Council of India
Rules for the purpose of elections to the State Bar Council is completed.

33. Saving clause


The Bar Council of India Certificate of Practice and Renewal Rules
2014" are hereby repealed. However, any certificate of the nature of
32 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 33

FORM - A & FORM - F 4


(for Advocates & Advocate on Records)
APPLICATION FOR ISSUANCE OF CERTIFICATE OF PRACTICE
(See Rule 8.3 of the BCI Certificate and Place of Practice (Verification) Rules, 2015)

To,
Passport
The Secretary, size
Bar Council of ........................................ Photograph
.................................................................. of the
Advocate
..................................................................
..................................................................

Sub. : Application for issuance of Certificate of Practice ( /.............../...............)


Sir,
I hereby apply to the ................................................(name of the State Bar Council)
for issuance of certificate of practice.

My full particulars are as follows:-

1. Enrolment number on the Roll : ..............................................................................

2. Date of Enrolment: ...................................................................................................

3. Name of the Advocate : ...........................................................................................


( As given in the Enrolment Certificate):

4. Father’s Name: ........................................................................................................

5. Present Residential Address: .................................................................................

...................................................................................................................................

5
6. Name of Institution & University from where advocate has done his -

i. Matriculation / 10th..............................................Name of School/Board/Year of Passing

ii. Graduation ..........................................................Name of College/University/Year of Passing


iii. LL.B. ...................................................................Name of College/University/Year of Passing

7. Office Address with Telephone No. ......................................................................


......................................................................................................................................

4. Form A & F made common vide Resolution No. 305/2015 dated 5/12/2015.
5. Ammended vide Resolution No. 190/2015 dated 9/8/2015.
34 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 35

Mobile No. / Email / Website ................................................................................ Name of the Bar Association ........................................................................

................................................................................................................................... Place ............................................................................................................

8. Place of Practice : ...................................................................................................... 19. Any other information, applicant wants to submit about his distinctions.
(As given in the Application Form for enrolment):
20. If the advocate is not a member of any Bar Association (registered and
9. Present Place of Practice: ......................................................................................... recognized by the concerned State Bar Council), the reason for not being a
10. Date of Birth : ........................................................................................................... member of Bar Association ......................................................................
..................................................................................................................................................
11. Name of Bar Association of which applicant is a member ..................... ....................................................................................................................................
..................................................................................................................................... ....................................................................................................................................
12. Whether the applicant, after enrolment, has joined any Government/Semi-
Government or Private Service or any other kind of service, if so full particulars 21. Whether the advocate intendes to bocome the Member of the Bar Association
be furnished with date of joining of such services: .................................................... in future. (Put a ‘X’ Mark)
.....................................................................................................................................
Yes ..................... No .........................
13. Whether the applicant after enrolment, has joined any business, as a full partner/
sleeping partner, if so, full particulars be supplied, with an attested copy of I verify that the information/ particulars furnished by me are true and correct to
business instrument like Partnership deed, MOU, Agreements etc. ........................ the best of my knowledge and nothing has been kept concealed therein.
.....................................................................................................................................
I am also submitting herewith Column-II and III of this Form-A.
14. Whether the applicant, after enrolment has incurred any disqualification as
mentioned in Section 24-A of the Act, if so, certified copy of judgment / order
be attached: Date : Full Signature
15. Whether applicant, at present, is facing any disciplinary or criminal or contempt of the Advocate
proceedings/ convicted in any Criminal or other proceedings or not, if so, full
particulars be given: ......................................................................................................... Note: - One additional passport size photograph is attached/sent herewith.
........................................................................................................................................
........................................................................................................................................

15. Delay, if any, in submitting the application form, reasons to be given:


....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................

17. Process fee/ Late fee/ Penalty


Rs. ........................................ by way of Demand Draft No..................................
Date ................................./ Account Payee Cheque No.........................................
dated ........................................... or Cash Paid to ...................................................
.............................................................................. on .............................................

18. Place where the Advocate intends to cast his vote


i. In Bar Council Elections ..................................................................................

ii. In Bar Association Elections.........................................................................


36 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 37

FORM - A FORM - A
COLUMN - II COLUMN - III (Certification)6
(See Rule 8.4 of the BCI Certificate and Place of Practice (Verification) Rules, 2015) (See Rule 8.4 of the BCI Certificate and Place of Practice (Verification) Rules, 2015)

I ............................................................................................................... aged ....................... This is to certify that Shri/Mr./Mrs./Ms. .....................................................................


son of .................................................................................................. resident of .........................................................................................................................., Advocate
................................................................................................................................................... S/o, W/o, D/o ....................................................................................................... is a
.................................................................................................................................................. bona-fide member of the Bar practicing usually at ..................................................
enrolled as a advocate on the roll of .......................................................................... ........................................................................................ (name of the Bar Association,
........................................................................................ (name of the State Bar Council) if any) and he/she has been practicing law since joining this Bar from the year
vide certificate of enrolment dated and No................................................................ .................................................................... and has not left such practice and I further
do hereby solemnly affirm and declare as follows: - certify that the particulars disclosed by him/her in the accompanying application
are correct to my knowledge and belief.
1. That after having obtained Certificate of enrolment from the ...................
............................................................................................ (name of the Bar Council) Date :
under Section 22 of the Advocates Act, I have not left practice in law.
Full Signature with name of Full Signature with name of
2. That I usually practice at ..................................................................... and I intend Authorized Member President/Secretary
to cast my vote Bar Council of ........................... Bar Association
i. In the elections of the State Bar Council at .................................................... (Seal)

ii. In the elections of Bar Association ................................................................. 6


N.B. - In this certification the declaration should contain/attach the certified copies
(Name and Place of Bar Association) of atleast 5 Vakalatnamas or any other document/cause list establishing that the
advocate has been in practice for last 5 years.
(This clause 2(ii) shall not apply to those advocates who do not intend to be the
members of any Bar Association) 6
N.B. - If the advocate is aatched with some Registered law or Solicitor firm, he
shall furnish a certificate to that effect from the Authorized Officer of concerned
3. That since my enrolment as an advocate, I have not switched over to any other Firm showing details as to for what period Candidate/Advocate has served the
profession/services/business and that thereafter, I am doing practice in law. firm and nature of his details.
6
If the lawyer is a conveyancing lawyer, he shall furnish 5 (five) such documents
of last 3 years to support his claim that he is in conveyancing practice lawyer.
Date: Full Signature of the
Declarant-Advocate

6. Inserted vide Resolution No. 305/2015 dated 5/12/2015.


38 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 39

FORM - B FORM - C
[For Office use only) Passport
size APPLICATION FOR RESUMPTION OF CERTIFICATE OF PRACTICE
Bar Council of .................................... Photograph (See Rule 28.2 of B. C. I. Certificate and Place of Practice (Verification) Rules, 2015)
of the
Advocate
To, Passport
Certificate of Practice size
The Secretary,
Photograph
Bar Council of ........................................ of the
[issued under B. C. I. Certificate and Place of Practice Advocate
..................................................................
(Verification) Rules, 2015]
..................................................................
C. O. P. No.________ of ______ ..................................................................

This is to certify that Shri/Mr./Mrs./Ms. .......................................................................... Sub. : Application for resumption of Certificate of Practice ( /.............../...............)
........................................................................................................................... S/o, W/o,
D/o ................................................................................................................................... R/ Sir,
o ........................................................................................................................................ I hereby apply to the ................................................(name of the State Bar Council)
................................................................................................... PS ....................................... for issuance of certificate of practice.
................................ dated .................................................. is an advocate enrolled in
My full particulars are as follows:-
the Bar Council of ........................................................................................................... His
enrolment number is ....................................................... dated .................................... 1. Enrolment number on the Roll : ..............................................................................
and his normal place of practice is .................................................................. 2. Date of Enrolment: ...................................................................................................

He is entitled to cast his vote for the election of Bar Council of ........................................ 3. Name of the Advocate : ...........................................................................................
....................................... at ............................................................. (Place) and in the ( As given in the Enrolment Certificate):
elections of Bar Association of ..................................................................... (name & place
of Bar Association, if applicable). 4. Father’s Name: ........................................................................................................

This certificate of practice is valid for a period of 5 years from the date of its issuance. 5. Present Residential Address: .................................................................................

.....................................................................................................................................
Date:
.....................................................................................................................................
Chairman/Vice-Chairman
6. Name of Institution & University from where advocate has done his
Authorized Signatory
(Seal of the State Bar Council) i. Graduation ........................................................ year ....................

ii. LL.B. .................................................................. year ....................

7. Office Address with Telephone No. ......................................................................


...................................................................................................................................
Mobile No. / Email / Website ................................................................................
...................................................................................................................................
40 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 41

8. Place of Practice : ...................................................................................................... 18. Verification fee/ Late fee/ Penalty


(As given in the Application Form for enrolment): Rs. ........................................ by way of Demand Draft No.................................. Date
................................./ Account Payee Cheque No......................................... dated
9. Present Place of Practice: .........................................................................................
........................................... or Cash Paid to ...................................................
10. Date of Birth : ........................................................................................................... ................................................................................ on .................................................

11.1. That in the changed circumstances, I intend to resume law practice. 18. Place where the Advocate intends to cast his vote

11.2. That after enrolment I have not suffered and incurred any disqualification s i. In Bar Council Elections ..................................................................................
mentioned in Section 24-A of the Advocates Act.
ii. In Bar Association Elections.........................................................................
12. Particulars of the Certificate of Practice issued to the application if any :- Name of the Bar Association ........................................................................

a. Whether issued under AIBE Rules, if so, its number and date Place ...............................................................................................................
............................................................................................................................ (This clause shall not apply to advocate who does not intend to be a member of
any Bar Association)
b. Whether issued by the State Bar Council under these rules, if so, its number
and date (self attested photo copies of the certificate of practice to be annexed 19. Any other information, applicant wants to submit about his distinctions.
with this application).........................................................................................
.............................................................................................................................. I verify that the information/particulars furnished by me are true and correct to the
best of my knowledge and nothing has been kept concealed therein. I bona-fide
c. Particualrs of the notification, whereby the applicant was put in the list of intend to resume Law practice.
“Non-Practicing Advocate” ..................................................................................
.............................................................................................................................

13. Whether the applicant after enrolment has joined any Government/Semi- Date : Signature
Government or Private Service or any other kind of service, if so full particulars of the Advocate
be furnished with date of joining of such services: ....................................................
.....................................................................................................................................

14. Whether the applicant after enrolment, has joined any business, as a full partner/
sleeping partner, if so, full particulars be supplied, with an attested copy of
business instrument like Partnership deed, MOU, Agreements etc. ........................
.....................................................................................................................................

15. Whether the applicant, after enrolment has incurred any disqualification as
mentioned in Section 24-A of the Act, if so, certified copy of judgment / order
be attached:

16. Whether applicant, at present, is facing any disciplinary proceedings/ convicted


in any Criminal proceedings or not, if so, particulars be given: ...............................
.....................................................................................................................................

17. Delay, if any, in submitting the application form, reasons to be given:


....................................................................................................................................
.....................................................................................................................................
........................................................................................................................................
42 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 43

FORM - D FORM - E 7
Passport FOR SENIOR ADVOCATES
Bar Council of .................................... size
(See Rule 5(a) of the Bar Council of India Certificate and Place of Practice (Verification),
Photograph
IDENTITY CARD Rules 2015)
of the
To,
Advocate
I. Card No............................................... The Secretary,
Passport
Bar Council of ........................................ size
1. Name ......................................................................................................................... .................................................................. Photograph
of the
..................................................................
2. Father’s Name .......................................................................................................... Advocate
..................................................................
3. Enrolment No., Year & date ...................................................................................

4. Address ...................................................................................................................... Name:................................................................................................................................


....................................................................................................................................
Father’s Name..................................................................................................................
....................................................................................................................................
Enrolment No. and Date.................................................................................................
Email ID ....................................................................................................................

Telephone/Mobile No. ............................................................................................ Email Id:............................................................................................................................

5. Normal Place of Practice ............................................................................................ Place where the Sr. Advocate to case his vote in the elections of State Bar Council:
............................................................................................................................
6. Date of expiry of I-Card..............................................................................................
Name/Place of Bar Association where the Senior Advocate casts his vote:
7. Place where Advocate is entitled to vote in elections of State Bar Council ........................................................................................................................................
....................................................................................................................................

8. Place/name of Bar Association (if any) where Advocate is entitled to vote in


Signature, Designation & Seal Signature of Senior
election of Bar Association ................................................................................... . of the authorized signatory Advocate/A.O.R.
of S.C.B.A./A.O.R. Association

Date: Date:......................................
Chairman/Vice-Chairman
Authorized Signatory
(Seal of the State Bar Council)

7. Ammended vide Resolution No. 305/2015 dated 5/12/2015.

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